Ezel / Agency Decisions / KENT 84-224-D

Peabody Coal Company (ALJ decision, December 3, 1987)

Peabody Coal Company (FMSHRC KENT 84-224-D): Discrimination proceeding dismissed after no response to show-cause order

Decision type
ALJ decision
Docket
KENT 84-224-D
Decided
December 3, 1987
Presiding judge
James A. Broderick
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-20
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1987 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.

Currency note: this decision dates from 1987
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final ALJ decision, not Commission precedent
This decision became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index. It binds the parties but is not Commission precedent. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Read the official release (fmshrc.gov)

Plain-English summary

The United Mine Workers of America, on behalf of Robert L. Cox, was ordered to show cause why the discrimination proceeding should not be dismissed. No response was filed by the deadline. Judge James A. Broderick dismissed the proceeding.

Decision snapshot

  • Cited standards: None stated in the decision.
  • Outcome: The discrimination proceeding was dismissed after no response to the show-cause order.
  • Key point: Failure to respond to an order to show cause led to dismissal of the proceeding.

Full text (FMSHRC public release)

CCASE:
UNITED MINE WORKERS V. PEABODY COAL
DDATE:
19871203
TTEXT:

Page 2

~2045

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

UNITED MINE WORKERS OF
DISCRIMINATION PROCEEDING
AMERICA (UMWA),
ON BEHALF OF
Docket No. KENT 84-224-D
ROBERT L. COX,
COMPLAINANT Ken Underground Mine v.

PEABODY COAL COMPANY,
RESPONDENT

ORDER OF DISMISSAL

Before: Judge Broderick

On November 6, 1987, I issued an order to show cause on or before November 24, 1987, why this proceeding should not be dismissed. No response to the order has been filed.

Therefore, this proceeding is DISMISSED.

James A. Broderick
Administrative Law Judge

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